Make Your Wishes Known Through A Well-Crafted Will
A will dictates what happens in the event of your death. A living will or power of attorney provides a similar direction if you become mentally or physically incapacitated. This is your opportunity to ensure that your wishes are known and carried out, whatever the circumstances.
The experienced lawyers of Kerley & Talken PC work closely with you to provide customized estate planning solutions. There is peace of mind in knowing that your interests are protected and all the bases are covered.
Everyone Should Have A Will
We believe every adult – regardless of age or wealth – should create a last will and testament. It spells out your wishes and spares your loved ones from disputes or difficult choices. If you were to die unexpectedly without a will, Illinois intestacy laws would dictate how your estate is distributed.
We help you draft a will that reflects your goals and concerns such as:
- Declaring your heirs and what each of them will inherit
- Nominating a guardian for your minor children
- Expressing your wishes regarding funeral rites
- Arranging for care and custody of your pets
- Accounting for digital assets (social media accounts, cloud data)
In conjunction with a will, we can also create estate planning trusts to protect assets or accomplish specific goals.
Why Work With An Experienced Attorney?
Many people mistakenly believe that anything they put on paper is a sufficient will. That’s simply not true. A will is likely to be highly scrutinized because it is an important legal document with financial implications for anyone named as an heir. Moreover, the subject of the will (you) won’t be around to clarify any ambiguities or settle any disputes. In that way, a poorly written or incomplete will could actually be more problematic than a nonexistent one.
Using a free template found online or creating your own will might work under certain circumstances, but any money you save by doing so could easily be offset by estate assets lost or unaccounted for. And although a DIY will might save you some time, it could ultimately create much more work and headaches for those who survive you.
Can You Create A Living Will Online?
Creating a living will online is possible and can be an accessible way to begin outlining your wishes concerning end-of-life care. An online living will can specify your preferences regarding pain management, organ donation and life-sustaining treatment such as DNR (do not resuscitate) orders or POLST (Physicians Orders for Life-Sustaining Treatment). However, for it to be legally binding and effective, especially when dealing with health care proxies or advance directives, you should work with an experienced attorney instead of doing it yourself.
Preventing Will Contests
Contesting a will occurs when someone challenges the legality or contents of the document in court. Common reasons for will contests include allegations of undue influence, fraud or the testator’s lack of mental capacity.
At Kerley & Talken PC, our living will lawyers help you draft a traditional will that clearly expresses your wishes and adheres to Illinois law, reducing the potential for disputes. Our expert guidance ensures that your will reflects your intentions, whether it includes stipulations about vegetative state care, the appointment of an executor or the creation of trusts.
Does A Living Will In Illinois Need To Be Notarized?
In Illinois, a living will does not need to be notarized. It must, however, be signed in the presence of a witness to be considered valid. A living will typically include instructions on your preferences for end-of-life care, such as your “five wishes,” which cover personal, emotional and spiritual needs, as well as medical and legal concerns. Ensuring these documents are correctly executed is crucial for them to be effective when they are most needed.
Who Becomes Executor If There Is No Will In Illinois?
If you die intestate (without a will) in Illinois, the court appoints an executor based on state law priority, usually starting with the closest relatives. If no suitable relatives are available, the court may appoint a public administrator. Designating an executor in your will ensures that someone you trust will manage your affairs and oversee the distribution of your estate according to your wishes.
What Does Codicil Mean?
A codicil is an amendment to your will. It allows you to make changes or additions without needing to draft a new will entirely. This can be particularly useful if you need to make adjustments to executors, guardians or beneficiaries, or modify provisions related to trusts or advance directives. Like a traditional will, a codicil must be signed and witnessed according to the legal standards of Illinois to be valid.
Ready To Get Your Illinois Living Will In Order?
Kerley & Talken PC welcomes people from all walks of life, from young couples to retirees. We will tailor your will and estate planning documents to reflect your goals and your family’s unique circumstances.
We offer a free consultation, by phone or video, as well as in-person meetings on a case-by-case basis. Call our Springfield estate law office at 217-814-0148 or contact us online to make arrangements.